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HomeMy WebLinkAboutAgenda Item Summary Forml AGENDA ITEM SUMMARY FORM File ID: #9068 Date: 05/13/2021 Requesting Department: Office of Capital Improvements Commission Meeting Date: 06/10/2021 Sponsored By: District Impacted: District 4 Type: Resolution Subject: Authorize Change Order - Maggolc, Inc Purpose of Item: The purpose of this item is to approve a resolution from the Miami City Commission, authorizing Change Order No. 1 and Final to Contract No. 17-18-024 with Maggolc, Inc., for additional scope elements, for a not -to -exceed amount of $89,096.34, thereby increasing the current compensation limit of the contract from $290,056.58, to a not -to - exceed amount of $379,152.92; allocating funds from the Office of Capital Improvements Project No. B-30972, subject to the availability of funds and budgetary approval at the time of need; authorizing the City Manager to negotiate and execute Change Order No. 1 and Final with Maggolc, Inc., in a form acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: On January 4, 2019, pursuant to the City of Miami Procurement Code Section 18-87 and Invitation to Bid ("ITB") 17-18-024, and pursuant to Resolution R-18-0470, adopted by the City Commission on October 25, 2018, the City Manager executed an agreement ("Agreement") with Maggolc for the provision of SW 64th Court Roadway and Drainage Improvements ("Project No. B-30972"), in an amount not -to -exceed $290,056.58. Once it was determined that the original contract value was no longer sufficient based on the additional scope items, the Interim Director of OCI submitted to the Chief Procurement Officer a full written explanation of the additional construction work, attached herein as "Exhibit A." Said additional work has resulted in this Change Order No. 1 and Final in the amount of $89,096.34, increasing the original contract value from $290,056.58, to a total not -to -exceed amount of $379,152.92. Funds are to be allocated from the appropriate OCI Project No. B-30972. Budget Impact Analysis Item has NO budget impact Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $89,096.34 OCI Project No. B-30972 Reviewed By Office of Capital Improvements Hector L Badia Department Head Review Completed 05/13/2021 11:55 AM Department of Procurement Annie Perez Procurement Review Completed 05/18/2021 4:18 PM Department of Risk Management Ann -Marie Sharpe Risk Review Completed 05/20/2021 11:04 AM Office of Management and Budget Denise Lee Budget Analyst Review Skipped 05/20/2021 12:41 PM Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 05/25/2021 10:32 AM Office of Management and Budget Leon P Michel Budget Review Completed 05/25/2021 10:54 AM City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 05/27/2021 12:42 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/27/2021 1:35 PM City Manager's Office Arthur Noriega V City Manager Review Completed 05/27/2021 7:57 PM Office of the City Attorney Pablo Velez ACA Review Completed 05/27/2021 8:15 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 05/27/2021 9:39 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/01/2021 12:50 PM City Commission Nicole Ewan Meeting Completed 06/10/2021 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 06/11/2021 5:46 PM City of Miami City Hall Le islation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-21-0217 File Number: 9068 Final Action Date:6/10/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING CHANGE ORDER NO. 1 AND FINAL SETTLEMENT AGREEMENT ("FINAL SETTLEMENT") TO INVITATION TO BID ("ITB") CONTRACT NO. 17-18-024 WITH MAGGOLC, INC., A FLORIDA PROFIT CORPORATION ("MAGGOLC"), FOR ADDITIONAL SCOPE ELEMENTS FOR THE SOUTHWEST 64 COURT ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT — D4 ("PROJECT") FOR A NOT -TO - EXCEED ADDITIONAL AMOUNT OF EIGHTY NINE THOUSAND NINETY SIX DOLLARS AND THIRTY FOUR CENTS ($89,096.34), THEREBY INCREASING THE CURRENT COMPENSATION AMOUNT FROM TWO HUNDRED NINETY THOUSAND FIFTY SIX DOLLARS AND FIFTY EIGHT CENTS ($290,056.58) TO A NOT -TO - EXCEED TOTAL AMOUNT OF THREE HUNDRED SEVENTY NINE THOUSAND ONE HUNDRED FIFTY TWO DOLLARS AND NINETY TWO CENTS ($379,152.92); ALLOCATING FUNDS FROM THE CITY OF MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-30972, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE FINAL SETTLEMENT WITH MAGGOLC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as amended ("City Code"), and Invitation to Bid ("ITB") Contract No. 17-18-024 as authorized by Resolution No. R-18-0470 adopted by the City Commission on October 25, 2018, the City Manager executed an agreement ("Agreement") with Maggolc, Inc., a Florida profit corporation ("Maggolc"), for the provision of Southwest 64 Court Roadway and Drainage Improvements Project - D4 ("Project"), City of Miami's ("City") Office of Capital Improvements ("OCI") Project No. B-30972 for the current compensation amount of Two Hundred Ninety Thousand Fifty Six Dollars and Fifty Eight Cents ($290,056.58); and WHEREAS, the current compensation amount is insufficient funding for the cost of the additional scope elements, including the provision of geogrid to stabilize the driving surface and help prevent future roadway settlement, the cleaning of existing structures to better the channelization of surface water through the drainage system, and additional asphalt for repair of defective pavement in the public alley; and WHEREAS, it is in the best interest of the City to increase the capacity under the Agreement to address these additional scope elements; and WHEREAS, the OCI Interim Director has submitted to the Chief Procurement Officer a full written explanation of the additional construction work involved; and WHEREAS, the Change Order No. 1 increases the capacity under the Agreement by a not -to -exceed additional amount of Eighty Nine Thousand Ninety Six Dollars and Thirty Four Cents ($89,096.34), thereby increasing the current compensation amount from Two Hundred Ninety Thousand Fifty Six Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total amount of Three Hundred Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety Two Cents ($379,152.92); and WHEREAS, the City and Maggolc have agreed to a final settlement of all disputes in consideration of, and in accordance with, the terms and conditions set forth herein; and WHEREAS, funding would be allocated from OCI Project No. B-30972; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Final Settlement to ITB Contract No. 17-18-024 with Maggolc for the provision of additional scope elements for the Project for a not -to -exceed additional amount of Eighty Nine Thousand Ninety Six Dollars and Thirty Four Cents ($89,096.34), thereby increasing the current compensation amount from Two Hundred Ninety Thousand Fifty Six Dollars and Fifty Eight Cents ($290,056.58) to a not -to -exceed total amount of Three Hundred Seventy Nine Thousand One Hundred Fifty Two Dollars and Ninety Two Cents ($379,152.92), is authorized.' Section 3. Funding is allocated from OCI Project No. B-30972, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute the Final Settlement with Maggolc, in a form acceptable to the City Attorney. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. ' The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: I i • ria i ndez, ity Httor ey 6/1/2021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.